Legislation – The Taxi Licensing (Amendment) (Coronavirus) Regulations (Northern Ireland) 2020

These Regulations amend the Taxi Licensing Regulations (Northern Ireland) 2015 (“the 2015 Regulations”) in order to ensure that the renewal of existing taxi licences can continue during the current COVID-19 (coronavirus) public health emergency.

The 2015 Regulations provide for the inspection and testing of taxis in advance of the granting of an annual taxi licence under section 13 of the Taxis Act (Northern Ireland) 2008. However the current public health emergency caused by the COVID-19 pandemic has meant that all Driver and Vehicle Agency (DVA) testing centres have been closed for the protection of both customers and staff, and it is therefore not possible to inspect or test taxis in advance of the grant of a new taxi licence.

Taxis have been prescribed as a business that can remain open in Part 3 of Schedule 2 to the Health Protection (Coronavirus, Restrictions) (Northern Ireland) Regulations 2020 (S.R. 2020 No. 55). Accordingly, and in order to ensure that currently licenced taxis can continue to operate if their licences expire during the emergency, these Regulations provide for the automatic renewal of a taxi licence, without a further inspection and test. This licence will last for a period of 6 months. The additional conditions, as set out in the Schedule to these Regulations, apply in relation to all automatically renewed licences. No fee will be charged where an automatic licence renewal is granted.

In terms of EU roadworthiness obligations, Article 2(2) of Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014 on periodic roadworthiness tests for motor vehicles and their trailers, sanctions the exclusion of vehicles operated or used in exceptional conditions from roadworthiness testing requirements. The Department considers that the current COVID-19 public health emergency is such an exceptional condition and that the automatic renewal of existing taxi licences without prior inspection and testing is a necessary and appropriate response in the circumstances.

An Explanatory Memorandum has been produced and is available from Safe and Accessible Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Statutory Rule athttp://www.legislation.gov.uk/nisr